MEMORANDUM OF UNDERSTANDING BETWEEN TENNESSEE BUREAU OF INVESTIGATION THE DISTRICT ATTORNEY GENERAL FOR THE 20" JUDICIAL DISTRICT AND. THE METROPOLITAN NASHVILLE POLICE DEPARTMENT ‘This Memorandum of Understanding (MOU) is entered into between the Tennessee Bureau of Investigation (TBI), the District Attorney (DA) General for the 20 Judicial District for Tennessee and the Metropolitan Nashville Police Department (MNPD), hereinafter collectively referred to as the “Parties,” in furtherance of their respective duties, under law, for the purpose of facilitating investigations of incidents as described hereafter. ‘The parties agree to the following terms and conditions of this MOU: 1, Pursuant to T.C.A. § 38-6-102 (a), the DA for the 20" Judicial District, through this MOU, requests the TBI to investigate any of the following events: ‘A. The death of a person by a MNPD Officer acting in their official capacity; or B. The death of a MNPD detainee when the death is surrounded by circumstances where the death is sudden and the deceased had not been under immediate medical supervision. 2. Upon the occurrence of the above described event, the MNPD and its agents shall: A. Immediately notify the TBI and the DA for the 20" Judicial District; B, Secure a crime scene perimeter with access limited to emergency medical personnel, the medical examiner personnel and TBI Personnel (TBI will notify the medical examiner); C. Detain and hold any arrested persons pending the arrival of TBI Personnel; D. Identify and separate all eye witnesses for subsequent interview by TBI. 3. Upon notification of the above described event by the MNPD or the DA for the 20" Judicial District; the TBI is responsible for the following: A. Initiating an investigation in accordance with the TBI Standard Operating Procedure: Law Enforcement Use of Force and Custodial Deaths Investigation Manual; B. Providing an electronic copy of said manual to all other parties, to include any future updates;3) 4) 5) ) MNPD will be responsible for scene security and TBI will be responsible for MNPD officers and supervisors will immediately begin securing the crime scene area by cordoning off the inner perimeter, intermediate perimeter and outer perimeter. No one will be allowed in the inner perimeter without the permission of TBI. Access to the intermediate perimeter will be limited. Special attention shall be given to media placement, to keep them at a safe distance and to allow an easy transfer of information from the TBI Public Information Officer (PIO) to the news media Ifa sceneis held overnight, MNPD will continue to provide scene security. This includes keeping the media and citizens at a safe and appropriate distance. Ifa weapon is on the scene, MNPD will secure that weapon and notate who was assigned to secure it. This will be accomplished by posting an officer to stand near the weapon. If, for safety reasons, the weapon is collected, this information will be notated and forwarded to TBI upon their arrival. MNPD involved officer weapons should remain holstered until instructed otherwise. Exigent circumstances may arise (weather, safety issues, ete.) that could require involvement by the MNPD CSI Unit. Circumstances may also arise that call for any deceased individuals to be moved prior to TBI arrival. All such instances be discussed by phone with the TBI Special Agent in Charge or Assistant Special Agent in Charge (SAC/ASAC) prior to actual involvement by MNPD cS. (@) MNPD CSI may deploy a tent and side shields prior to the arrival of TBI, if needed. Deployment of these items will be documented and given to TBI (who deployed, when deployed, etc.). MNPD may post an officer near the body if determined to be needed for security. (b) If any deceased individual must be moved prior to TBI arrival, the preferred action is to mark the position and location of the head, hands and feet. These actions will be documented in detail, to include photographs, and provided to TBI. (©) IfMMNPD CSI officers take photos of a scene (in exigent circumstances) that is later surrendered to TBI, TBI Agents will be able to download electronic ‘media from the camera/device(s) at the scene. (@) All paper reports that might be generated (in exigent circumstances) by MNPD CSI will be provided to TBI as soon as possible.3) OPA may, after TBI completion, conduct post-incident drug testing. If TBI suspects an involved officer is impaired, TBI will obtain a search warrant(s) or consent from the officer(s) for the appropriate testing before OPA conducts any administrative testing, D. Video / Digital Media: The importance of keeping the public informed on the aspects surrounding a use of force incident by law enforcement is understood by all parties; however; in an effort to prevent the hindrance of an ongoing investigation and/or the tainting of existing ot potential witnesses, MNPD audio/video, 911 call recordings, recovered surveillance video, ete., shall only be released to the news media after consultation and approval by the DA for the 20" Judicial District. 7. This agreement shall become effective on the last date of execution by the parties and may be terminated upon thirty (30) days’ notice by mutual agreement of the parties. Entered unto this day of March, 2017. MARK GWYN GLENN R. FUNK Director, Tennessee Bureau of Investigation District Attomey General State of Tennessee Tennessee 20" Judicial District STEVE ANDERSON Chief, Metro Nashville Police DepartmentMEMORANDUM OF UNDERSTANDING AMONG TENNESSEE BUREAU OF INVESTIGATION the THE OFFICE OF THE DISTRICT ATTORNEY GENERAL FOR THE 20TH JUDICIAL DISTRICT and the METROPOLITAN NASHVILLE POLICE DEPARTMENT This Memorandum of Understanding (MOU) is entered into by and among the Tennessee Bureau of Investigation (TBI), the Office of the District Attorney General for the 20th Judicial District (DA), and the Metropolitan Nashville Police Department (MNPD), referred to collectively as the "Parties," in furtherance of their respective duties under law for the purpose of facilitating investigations of incidents as described hereafter. The parties agree to the following terms and conditions of this MOU: 1. Pursuant to T.C.A. 38-6-102, the DA for the 20th Judicial District, through this MOU, expresses the intent, on a case by case basis, to request the TBI to assist the DA in investigating any of the death of a person by a MNPD law enforcement officer or person holding a MNPD Special Police Commission 2. Upon the occurrence of any of the above described events, MNPD will a. Without unnecessary delay, cause notification to the DA or designee; b. Secure a crime scene perimeter with access limited to emergency medical personnel, medical examiner personnel, MNPD personnel, DA, and TBI personnel; Detain and hold any arrested persons; Identify and separate all eye witnesses for subsequent interview; and To the extent feasible, delay the collection of evidence and processing the crime scene or conducting interviews until after the arrival of appropriate DA or TBI personnel Without delay and in furtherance of investigative cooperation, provide any independently discovered evidence, statements, or information to the TBI. e209 3. Upon the occurrence of any of the above described events and notification by the MNNPD, the DA is responsible for the following a. Dispatching or otherwise causing an investigator or assistant district attorney to respond to the scene; b. When determined appropriate, notify TBI, pursuant to TCA 38-6-102, and this MOU, requesting a response by TBI to conduct a parallel and independent investigation in aid of the investigation being conducted by the DA; andUpon the occurrence of any of the above described events and notification by the DA, the TBI, in fuffiling the statutory obligation to aid the DA in an investigation, is responsible for the following: a. Initiating an investigation in accordance with TBI Standard Operating Procedure: Law Enforcement Use of Force and Custodial Deaths Investigations Manual (updated 6-19-15) (attached hereto): b. Dispatching of any TBI personnel necessary for the proper conduct of such an investigation; ©. Coordinating the participation of TBI investigative resources and forensic assistance or coordination with appropriate on-scene MNPD staff; d. Issuing of investigative reports and summaries to the DA as appropriate in the investigative process; e. Submitting final reports to the DA for review. TBI will report the factual findings of the investigation, but will offer no recommendations or reach legal conclusions concerning whether the force used, if any, was justified; and . Without delay and in furtherance of investigative cooperation, provide any independently discovered evidence, statements, or information to the MNPD. The parties agree that any investigation conducted by TBI, while conducted in coordination with and parallel to any investigations conducted by MNPD and/or DCSO, is a separate and distinct investigation conducted pursuant to TCA 38-6- 102. The parties also agree that there may be situations where both the criminal and internal administrative investigations can be conducted simultaneously without interference. Accordingly, the MNPD agrees, where possible or necessary, to advise the DA and/or TBI before initiating any portion of any internal administrative investigation when a reasonably foreseeable likelihood of conflict with any criminal investigation exists. This agreement shall become effective on the last date of execution by the parties and may be terminated upon a thirty (30) day notice by any of the parties. Itis agreed by all parties that the TBI shall be considered the lead investigative entity in conducting and carrying out the purposes of these investigations and that the investigative work product of the TBI shall be the controlling and principal information to be utilized by the DA in making any determination(s) in reaching a disposition.